Category: Dispute Resolution

In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case

Shaun Marker – August 30, 2014 On several occasions the following insurance industry argument has been addressed on this blog: the insurance company argues that since a claim proceeded to the contractual alternative dispute resolution process of appraisal and that it paid the award amount, there cannot be a bad faith case brought against it… Continue reading In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case

I Feel The Earth Move Under My Feet…And That May Not Be A Covered Loss In Colorado

Brandee Bower – July 23, 2014 A new case was recently handed down regarding earth movement and water damage exclusions. In Wagner v. American Family Mutual Insurance Company,1 a policyholder suspected a water leak in her home. She had her property inspected and found a water pipe was leaking under the slab foundation, eroding the… Continue reading I Feel The Earth Move Under My Feet…And That May Not Be A Covered Loss In Colorado

Litigating Where to Litigate an Insurance Dispute

Shaun Marker – June 16, 2014 Ahh the joys of litigation and the many issues that parties face. Sometimes in insurance cases (as well as other types of cases) the parties litigate where to litigate the dispute. This may involve the question of in what jurisdiction (in what state or in what federal district) they… Continue reading Litigating Where to Litigate an Insurance Dispute

Water Damage Exclusions: What’s Excluded and Not Excluded Under the Standard Homeowners Policy is Often a Contentious Issue Between Insured and Insurer

Christopher Nahas – May 28, 2014 Standard homeowners policy language excludes losses caused by water, however what is meant by this is not always clear. Water damage generally includes flood, sewer backup and seepage from water below ground. Despite these categories, disputes often arise regarding whether damages caused by water are covered. An issue that… Continue reading Water Damage Exclusions: What’s Excluded and Not Excluded Under the Standard Homeowners Policy is Often a Contentious Issue Between Insured and Insurer

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